Q: My Husband changed his will, left everything to his brother, nothing to me! Is this legal? Will it stand in probate?
We've been married 8 years. He had changed his will before we got married and left everything to me. We had a disagreement, he got mad and changed his will in favor of his brother.
A: The simple answer is: yes. However, there are more complicated issues involved such as the allowances provided by law. You should consult an attorney to find an answer better suited to your situation.
IF you are married at the time of death, spouses may 'elect against the will' and receive assets even if there is an attempt to 'cut out' the other person. This is NOT easy or straightforward, and there are a lot of hoops to jump through and exceptions and special rules. (for example, if you are 'cut out' of a will, but there are specific assets where you are listed as a beneficiary, or joint property that passes by operation of law, the numbers can change).
You REALLY need to have the whole thing reviewed by a local estate planning attorney to review your specific situation, and what you can expect. There is no 'easy' answer that fits into a Q&A forum!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
John Joseph Rizzo III agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.